DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
TUR
Docket No: 220-10
31 March 2010
From; Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF Mj
Ref: (a) 10 U.S.C. 1552
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps Reserve, filed
enclosure (1) with this Board requesting that his record be
_ corrected to show that he was transferred to the Marine Corps
Retired Reserve vice discharged on 19 December 2009. _
2. ie =e: consisting of Messrs . gigs, ile. and
P Mey reviewed Petitioner's allegations of error and
injustice on 30 March 2010 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations, and policies. In
addition, the Board considered the advisory opinion furnished by
the Marine Corps Separation and Retirement Branch (MMSR-5) dated
8 March 2010, a copy of which is attached with enclosure (1).
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps, was honorably
released from active duty, and transferred to the Marine Corps
Reserve. On 19 December 2009 he was honorably discharged.
ad. Enclosed with an advisory opinion from the Marine Corps is
a copy of Petitioner’s career retirement credit record which
reflects 20 years of qualifying service. Petitioner's record
also contains his verification letter from the Commandant of the
Marine Corps (CMC) dated 21 September 2009, stating, in effect,
that he had enough time to receive retired pay at age 60.
é. Although the Board requested an advisory opinion in this
case, it is aware that CMC has routinely recommended corrective
action when an individual is qualified for reserve retirement and
was discharged prior to requesting transfer to the Retired
Reserve. In this regard, the Uniform Retirement Date Act, 5
U.S.C. 8301, requires that the effective date of any retirement
be the first day of the month following the date of separation.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. In
this regard, the Board substantially concurs with the comments
contained in the advisory opinion and concludes that since
Petitioner was in good standing in the Marine Corps Reserve and
was credited with 20 years of qualifying service his record
should be corrected to show that, while serving in the rank of
staff sergeant (SSgt/paygrade E-6), he was transferred to the
Marine Corps Retired Reserve on 1 January 2006.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was transferred to the Marine Corps Retired Reserve effective
1 January 2010, in the rank of staff sergeant (SSgt/paygrade
E-6), vice being discharged on 19 December 2009.
b. That this Report of Proceedings be filed in his naval
record.
4. Pursuant to Section 6{c) of the revised Procedures of the
Board for Correction of Naval Fecords (32 Code of Federal
Regulations, Section 723.6(c) it is certified that a quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
ROBERT D. ZSALMAN Soe Y) Borge GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, Section 723.6 (e})}
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
W. DEAN PFEIFFER |
Executive Director
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